v1.0.0 · effective 2026-05-14

MARDUK Kit — Terms of Sale and Software License Agreement

Version: 1.0.0 Effective: 2026-05-14 Governing law: Province of Alberta, Canada

READ THIS BEFORE YOU PAY

By clicking "I Agree and Continue to Payment," entering your card details on Stripe, or downloading any MARDUK Kit file, you accept every term below. If you do not accept these terms in full, do not proceed. Do not pay. Do not download. Close the page.

This agreement is binding. It limits our liability, denies refunds, requires arbitration, and waives your right to a jury trial and class action. The most important provisions are highlighted in bold.

1. Who You Are Contracting With

These terms are entered into between you (the buyer, the "Licensee") and MARDUK Kit (operated by Brandon Rose, Edmonton, Alberta, Canada) ("we," "us," "the Licensor," collectively referred to as "MARDUK Kit").

2. Eligibility

You represent and warrant that:

  1. You are at least 18 years of age (or the age of majority in your

jurisdiction, whichever is higher);

  1. You have the legal capacity to enter into a binding contract;
  2. You are not located in, organized under the laws of, or ordinarily

resident in any jurisdiction subject to comprehensive United States, Canadian, United Kingdom, European Union, or United Nations sanctions (including without limitation Cuba, Iran, North Korea, Syria, the Crimea region, the so-called Donetsk People's Republic, the so-called Luhansk People's Republic, and Russia);

  1. You are not on any government list of restricted or denied parties;
  2. Your purchase complies with all applicable export-control laws and

regulations.

Misrepresentation of eligibility voids this agreement and forfeits any license, refund right, or claim.

3. What You Are Buying

MARDUK Kit is a software toolkit consisting of source code, configuration files, runtime scripts, documentation, agent definitions, and ancillary materials (collectively, "the Software"). Depending on the tier or add-on purchased, the Software may include components for orchestrating large language models, executing tasks on third-party APIs, automated trading, prediction-market trading, and similar autonomous activity.

You are buying a license to use the Software. You are not buying:

  • a service we operate on your behalf;
  • a guarantee of any outcome, including but not limited to revenue,

profit, productivity gains, model availability, or operational uptime;

  • ownership of any intellectual property in the Software;
  • any product warranty beyond what is explicitly stated here.

4. License Grant

Subject to your full and continuing compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  1. Install and run the Software on up to three (3) machines that you own

or control;

  1. Modify the Software for your own internal use;
  2. Use the Software's output (text, code, reports, signals, automated

actions) in your own business or personal projects.

This license is personal to you. You may not transfer it by sale, gift, assignment, merger, change of control, or otherwise without our express written consent. The license terminates automatically and immediately upon any breach of these terms.

5. Restrictions

You will not, and will not permit any third party to:

  1. Redistribute, resell, sublicense, rent, lease, lend, publish, host,

open-source, or otherwise make the Software (in whole or in any meaningful part) available to any person who has not paid for a separate MARDUK Kit license;

  1. Use the Software to build, train, fine-tune, or evaluate any

competing product, including any automated-agent or AI-orchestration toolkit intended for resale or public distribution;

  1. Remove, alter, or obscure any copyright, trademark, attribution, or

license notice;

  1. Reverse engineer, decompile, or disassemble the Software, except to

the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

  1. Use the Software in violation of any law, regulation, or third-party

right, or for any unlawful, fraudulent, harassing, defamatory, or harmful purpose;

  1. Use the Software to send unsolicited bulk communications, conduct

denial-of-service attacks, scrape data in violation of a website's terms of service, or perform any action that would breach the acceptable-use policy of any third-party API the Software integrates with;

  1. Circumvent, disable, or interfere with any license-validation,

entitlement, machine-binding, or telemetry mechanism in the Software.

6. ALL SALES FINAL — NO REFUNDS

ALL PURCHASES ARE FINAL. WE DO NOT OFFER REFUNDS UNDER ANY CIRCUMSTANCES.

You acknowledge and agree:

  1. The Software is a digital product delivered as a downloadable

bundle, a redeem code, or a license key. Once a code or key is issued to you, the product has been delivered in full and cannot be returned;

  1. **You waive any statutory right of withdrawal, cooling-off period, or

distance-selling cancellation right to the maximum extent permitted by the law of your jurisdiction**, on the basis that this is digital content the supply of which begins immediately upon delivery of the code or key;

  1. We will not refund, credit, or exchange a purchase because:
  • you changed your mind;
  • the Software does not meet expectations you formed before purchase;
  • you are unable to install or run the Software on your own hardware;
  • a third-party service the Software integrates with (Anthropic,

OpenAI, Google, Solana RPC, Polymarket, Telegram, Stripe, etc.) changes pricing, breaks compatibility, deprecates a model, suspends your account, or becomes unavailable in your jurisdiction;

  • a cryptocurrency or prediction-market trade executed by the

Software resulted in a loss;

  • regulatory changes prevent you from running any component of the

Software;

  • you lose, leak, or share your redeem code or license key;
  • your machine identifier changes and you exceed the 3-machine cap

before contacting us;

  1. We may, at our sole and unreviewable discretion, issue a

replacement code or partial credit in cases of clear delivery failure (e.g., you paid via Stripe but the Worker failed to mint a code due to our infrastructure error). Granting such a remedy in one case creates no obligation, precedent, or expectation to do so in any other case;

  1. Where a refund is mandated by non-waivable consumer-protection law

in your jurisdiction (and only to the extent so mandated), our total liability is capped at the price you paid for the specific purchase at issue.

Do not pay if you are not prepared to lose 100% of the purchase price.

7. Intellectual Property

All right, title, and interest in and to the Software, including all intellectual-property rights therein, are and will remain the exclusive property of the Licensor or its licensors. No rights are granted to you other than the limited license expressly set out in Section 4.

8. Third-Party Services and Costs

The Software is designed to integrate with third-party services, including but not limited to: Anthropic Claude, OpenAI, Google Gemini, DeepSeek, xAI Grok, Solana RPC providers (Helius, QuickNode, etc.), Jupiter, Polymarket, Telegram, Stripe, Cloudflare, ElevenLabs, GoHighLevel, GHL, Obsidian, Notion, Slack, WhatsApp, Discord, and similar.

You are solely responsible for:

  1. Creating and funding accounts with each third-party service you choose

to use;

  1. Complying with the terms of service, acceptable-use policy, and

pricing of each third-party service;

  1. All fees, API usage charges, gas fees, transaction fees, model

inference costs, and any other charges levied by third parties as a result of your use of the Software;

  1. Securing your API keys, credentials, and wallet seed phrases;
  2. The conduct of any account you provide credentials for.

We do not control, endorse, or assume responsibility for any third-party service. Outages, deprecations, account suspensions, price increases, and regulatory changes affecting third-party services are entirely outside our control and are not grounds for a refund or claim against us.

9. Autonomous-Agent and AI Disclaimer

The Software orchestrates large language models and autonomous agents that can read files, write files, send messages, execute trades, transmit funds, interact with third-party APIs, control hardware, and take other actions without explicit human approval of each action.

You acknowledge that:

  1. Large language models can and do **hallucinate, produce false

information, follow instructions incorrectly, ignore safety guards, leak credentials, take destructive actions, and produce output that is factually wrong, legally risky, defamatory, infringing, biased, or otherwise harmful**;

  1. Autonomous agents amplify these risks because they act on the model's

output without a human in the loop;

  1. You assume all risk arising from any action the Software, any

agent within it, or any model invoked by it takes on your behalf or on any system you connect to it;

  1. You are responsible for sandboxing, supervising, and back-stopping

the Software's behavior, including by reviewing logs, setting spending caps on third-party APIs, restricting filesystem and network access, and disabling any agent whose behavior you cannot or do not wish to supervise;

  1. We make no representation about the accuracy, reliability,

safety, or fitness of any output produced by the Software or any model invoked by it.

10. Cryptocurrency and Trading-Bot Disclaimer

Some MARDUK Kit components (notably the optional "Trading Bot" add-on) are designed to execute autonomous trades on cryptocurrency markets, including the Solana blockchain, decentralized exchanges, and similar venues.

You acknowledge and agree that:

  1. **Cryptocurrency trading involves extreme risk of loss, including

total loss of capital.** Memecoin, low-cap, and on-chain trading carry additional, often catastrophic risks: rug pulls, MEV attacks, smart-contract exploits, frontrunning, liquidity collapse, oracle manipulation, flash-crash conditions, and outright fraud;

  1. The Software's trading components are experimental and are

provided AS IS. We make no representation that any signal, strategy, ranking, or execution decision will be profitable, accurate, safe, or even economically rational;

  1. The Software is not a financial advisor. Nothing the Software

produces constitutes investment advice, financial advice, tax advice, legal advice, or a solicitation to buy or sell any security, token, derivative, or instrument;

  1. You are solely responsible for the wallet(s) you connect to the

Software, the seed phrase(s) you store on the machine(s) the Software runs on, the trades the Software executes, the taxes those trades generate, and the regulatory consequences in your jurisdiction;

  1. You must independently verify that operating an automated

cryptocurrency trading bot is legal in your jurisdiction. Some jurisdictions require licensure, registration with a securities regulator, or disclosure to tax authorities. We accept no responsibility for your compliance posture;

  1. **We will not reimburse, refund, credit, or otherwise compensate any

loss, missed profit, gas fee, slippage cost, liquidation, exploit, theft, drain, or other adverse outcome resulting from the operation of any trading component of the Software, regardless of cause and regardless of whether such outcome was caused or contributed to by any defect, bug, error, omission, or negligence on our part.**

11. Polymarket / Prediction-Market Disclaimer

The optional "Polymarket Trader" add-on automates trading on prediction markets, including Polymarket and similar venues.

You acknowledge and agree that:

  1. Prediction markets are regulated as gambling in many jurisdictions

and are prohibited entirely in others, including (without limitation) most of the United States, parts of Canada, France, the United Kingdom under certain configurations, Belgium, Singapore, Thailand, and elsewhere;

  1. **It is your sole responsibility to determine whether use of any

prediction-market component is lawful in your jurisdiction.** We make no representation about lawfulness anywhere;

  1. You must be of legal gambling age in your jurisdiction;
  2. Prediction-market positions can and do go to zero. Markets resolve

based on oracle decisions that may be contested, delayed, or wrong;

  1. We will not reimburse, refund, or compensate any loss arising

from prediction-market activity executed via the Software, regardless of cause.

12. No Professional Advice

Nothing the Software produces, nothing on this website, and nothing in any communication with us constitutes legal advice, financial advice, investment advice, tax advice, accounting advice, medical advice, or any other professional advice. Consult a qualified professional licensed in your jurisdiction before acting on any output of the Software.

13. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation:

  1. Warranties of merchantability;
  2. Warranties of fitness for a particular purpose;
  3. Warranties of title and non-infringement;
  4. Warranties arising from course of dealing, course of performance, or

trade usage;

  1. Warranties that the Software will be uninterrupted, error-free,

secure, free of viruses, or compatible with any specific system, model version, third-party API, or future release of any of the foregoing;

  1. Warranties that any defect will be corrected.

Some jurisdictions do not permit disclaimer of certain warranties. In those jurisdictions, our liability is limited to the maximum extent permitted.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. OUR TOTAL AGGREGATE LIABILITY to you arising out of or in

connection with these terms, the Software, or your use of either, from any cause whatsoever and regardless of the form of action (contract, tort including negligence, statute, or otherwise), is LIMITED TO THE AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC PURCHASE GIVING RISE TO THE CLAIM in the twelve (12) months preceding the event giving rise to liability;

  1. IN NO EVENT WILL WE BE LIABLE for any indirect, incidental,

special, exemplary, consequential, or punitive damages, including without limitation lost profits, lost revenue, lost data, lost business opportunity, loss of goodwill, loss of crypto assets, loss of prediction-market positions, regulatory fines, or business interruption, even if we have been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose;

  1. These limitations apply regardless of the legal theory and survive

termination.

Some jurisdictions do not permit the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted.

15. Indemnification

You will defend, indemnify, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or related to:

  1. Your use of the Software;
  2. Any action taken by the Software or any agent within it on any system

you connect it to or any third party affected by such action;

  1. Any trade, transaction, message, file write, file deletion, network

request, or other operation executed by the Software on your behalf;

  1. Your breach of these terms;
  2. Your violation of any law or third-party right.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate with us in the defense.

16. Privacy and Data

Our handling of personal information is described on our contact page and, where applicable, in a published privacy policy. The Software may store data locally on your machine and may transmit data to third-party services you have configured (including AI providers, RPC providers, exchanges, and similar). You are solely responsible for the privacy posture of those third-party services and for any data you choose to transmit through the Software.

17. Export Controls and Sanctions

You will comply with all applicable export-control and sanctions laws, including those of Canada, the United States, the United Kingdom, the European Union, and the United Nations. You will not export, re-export, or permit access to the Software in violation of any such law.

18. Modifications to These Terms

We may modify these terms at any time. Material changes will be reflected in a new version number at the top of this document and posted at our public /terms page. Continued use of the Software, or any new purchase made after the effective date of a revised version, constitutes acceptance of the revised terms. The version in effect at the time of your purchase governs that purchase.

19. Termination

We may terminate your license immediately, without notice and without refund, if you breach any provision of these terms, attempt to circumvent license-validation or entitlement mechanisms, charge back a Stripe payment, or use the Software in a manner that, in our reasonable judgment, exposes us or any third party to legal, regulatory, reputational, or operational risk. On termination, all rights granted to you under these terms immediately cease and you must delete all copies of the Software in your possession.

20. Governing Law

These terms are governed by, and will be construed in accordance with, the laws of the Province of Alberta, Canada and the federal laws of Canada applicable in that province, without giving effect to any conflict-of-laws principle that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21. Dispute Resolution — Mandatory Arbitration, No Class Actions

Any dispute, controversy, or claim arising out of or relating to these terms, or the breach, termination, or invalidity of these terms, that cannot be resolved through good-faith negotiation within thirty (30) days will be finally and exclusively resolved by binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules, seated in Edmonton, Alberta. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY and the right to participate in any class action, collective action, mass action, consolidated proceeding, or representative action arising out of or relating to these terms. Disputes must be brought in your individual capacity only.

If for any reason a dispute proceeds in court rather than in arbitration, you and we each consent to the exclusive jurisdiction and venue of the courts of Alberta, Canada and waive any objection based on inconvenient forum.

22. Force Majeure

Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, sanctions, public-health emergency, internet outage, cloud-provider outage, denial-of- service attack, third-party API failure, model-provider deprecation, blockchain re-org, exchange collapse, prediction-market resolution dispute, or similar event.

23. Severability

If any provision of these terms is held invalid, illegal, or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable and to give effect to the original intent.

24. No Waiver

No failure or delay by us in exercising any right under these terms operates as a waiver of that right. No waiver is effective unless in writing and signed by us.

25. Assignment

You may not assign these terms or any rights under them without our prior written consent. We may assign these terms in connection with a merger, acquisition, sale of assets, or by operation of law, without notice.

26. Entire Agreement

These terms, together with any order confirmation issued by Stripe, the license key or redeem code issued to you, and any policy or documentation explicitly incorporated by reference (including the public /terms, /docs/license, and /docs/refunds pages), constitute the entire agreement between you and us regarding the Software and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

27. Contact

Questions about these terms? Email brandon@profitpivot.ca. Note that the contents of any such email do not, and will not, modify these terms unless we expressly agree in writing to such a modification.

By clicking "I Agree and Continue to Payment," you affirm that you have read, understood, and agreed to be bound by these terms in full, that you meet the eligibility criteria in Section 2, that you understand and accept the no-refund policy in Section 6, and that you understand and accept the limitation of liability in Section 14.

The version of these terms in effect at the moment of your purchase governs that purchase. We retain an audit record (timestamp, version, IP, user-agent, product) of every acceptance issued through our checkout. To request your own record, email support.